Terms and Conditions

Site Terms of Use

Effective date: February 1, 2017

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS SITE.

Access and use of this site (“Site”) is subject to the terms and conditions set out below (“Terms”). If you do not agree to these Terms, please do not continue to access or use the Site. We reserve the right to modify the Terms at any time. Updated Terms will be posted at least 30 days prior to any changes taking effect. Your continued use of the Site following the posting of changes to these Terms will mean you accept those changes. These Terms specifically incorporate by reference the Privacy Policy.

Restrictions on Use of Materials

The Site and its contents are the property of Harlequin Enterprises Limited (“Harlequin”) or its licensors and are protected, without limitation, pursuant to applicable intellectual property laws. Reproduction, duplication, or distribution of the Site and/or all or any part of its contents for anything other than your personal, noncommercial or educational use is a violation not only of these Terms but also of copyright and trademark laws (unless you have written permission from Harlequin). You expressly acknowledge that Harlequin makes no warranties or representations regarding the content of the Site or how current it is, its accuracy, or its completeness.

Jurisdictional Issues

This Site is controlled and operated by Harlequin. Its offices are located in Ontario, Canada. If you choose to access this Site from another location, you are responsible for compliance with local laws, if and to the extent local laws are applicable.

These Terms are governed by and construed in accordance with the laws of Ontario and the laws of Canada having general application therein, without giving effect to any principles of conflicts of law. You agree that any action at law or in equity arising out of or relating to these Terms or the Site shall be filed only in the provincial or federal courts located in Ontario, and you submit to the nonexclusive jurisdiction of such courts. If any provision of these Terms are void or unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity or enforceability of any remaining provisions. The Terms comprise the entire agreement between us except where other agreements are expressly agreed to by you.

Links to Other Sites

Harlequin is not responsible for the content of any other site linked to or from this Site. If you decide to link to another site you will leave our Site and you do so entirely at your own risk. We may provide links from our Site to other sites, but this is done solely as a convenience to you and in no way should be interpreted as an endorsement of any content, sponsor or owner of any other site. HARLEQUIN MAKES NO WARRANTY EXPRESS OR IMPLIED AS TO ANY SUCH LINKED SITE INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF THE ACCCURACY, OWNERSHIP, VALIDITY OR LEGALITY OF ANY CONTENT OF A LINKED SITE.

Your Content

You are solely responsible for your content, and we act as a passive conduit for your online distribution and publication. However, we reserve the right to take any action with respect to your content if we believe the content may create liability for us or may cause us to lose the services of our ISPs or other suppliers, or if we deem it to be inappropriate.

The content you post (directly or indirectly): (a) shall not infringe any third party’s copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy; (b) shall not violate any law or regulation; (c) shall not be defamatory or trade libelous; (d) shall not be indecent, obscene or pornographic; (e) shall not contain any viruses, trojan horses, worms, time bombs, cancelbots or other computer-programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information. You may not distribute unsolicited commercial messages (“spam”) through your content or take any other action which imposes an unreasonable or disproportionately large load on our infrastructure. Doing so may result in termination of our agreement and your ability to access the Site.

You hereby grant to us a worldwide, perpetual, irrevocable, royalty-free, sub-licensable (through multiple tiers) right to exercise all rights under copyright, publicity and related rights, in any media now known or not currently known, with respect to any content you provide to us in any public space on the Site. For further information, see our Community Standards.

LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PERMITTED BY LAW, HARLEQUIN IS PROVIDING THE SITE “AS IS” AND MAKES NO WARRANTIES OR REPRESENTATIONS, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, IN ANY CONNECTION WITH THE SITE, ITS CONTENTS, OR ANY WEB SITE OR CONTENTS WITH WHICH IT IS LINKED. HARLEQUIN DOES NOT WARRANT THAT THE FUNCTION OF THE SITE OR ITS CONTENTS WILL BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

TO THE FULLEST EXTENT PERMITTED BY LAW, UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO ANY THEORY OF NEGLIGENCE, SHALL HARLEQUIN BE LIABLE FOR ANY LOSS OF USE, LOSS OF DATA, LOSS OF INCOME OR PROFIT, LOSS OF OR DAMAGE TO PROPERTY, OR FOR ANY DAMAGES OF ANY KIND OR CHARACTER (INCLUDING WITHOUT LIMITATION ANY COMPENSATORY, INCIDENTAL, DIRECT, INDIRECT, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES), EVEN IF HARLEQUIN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE SITE, ITS CONTENTS, OR ANY WEB SITE OR CONTENTS WITH WHICH IT IS LINKED. IN NO EVENT SHALL HARLEQUIN’S TOTAL LIABILITY FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), OR OTHERWISE, EXCEED THE AMOUNT PAID BY YOU FOR ACCESSING THIS SITE.